Landlord Can Replace Wooden Enclosure with Aluminum Railing

LVT Number: #20785

Landlord asked the DHCR for permission to modify services for tenant's apartment. Landlord proposed to replace a wooden enclosure surrounding tenant's ground-floor apartment with an extended aluminum railing. The DRA ruled for landlord. Tenant appealed, claiming that the apartment was exposed to intruders from the street given its ground-floor location. Tenant claimed that the proposed railing wouldn't protect the apartment enough. Tenant also said it would feel like a jail. The DHCR ruled against tenant.

Landlord asked the DHCR for permission to modify services for tenant's apartment. Landlord proposed to replace a wooden enclosure surrounding tenant's ground-floor apartment with an extended aluminum railing. The DRA ruled for landlord. Tenant appealed, claiming that the apartment was exposed to intruders from the street given its ground-floor location. Tenant claimed that the proposed railing wouldn't protect the apartment enough. Tenant also said it would feel like a jail. The DHCR ruled against tenant. Landlord showed that the aluminum metal railing was an adequate substitute and provided more security. The new railing would be stronger than the wooden enclosure, and would improve the appearance of the building. Landlord also was willing to install, free of charge, a Fire Department emergency gate on tenant's window with a special deadbolt lock to increase security.

69-39 Yellowstone Boulevard: DHCR Adm. Rev. Docket No. TH110057RT (8/19/08) [4-pg. doc.]

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